South Africa Case Law

Mkhonto and Others v Minister of Basic Education and Others (2839/2023)

Mkhonto and Others v Minister of Basic Education and Others (2839/2023) [2024] ZAMPMBHC 70 (12 August 2024)

Court

Mbombela High Court, Mpumalanga

Case number

2839/2023

Judge

Roelofse

The High Court set aside the nullification of learners’ exam results after finding the Department failed to follow mandatory procedural fairness requirements.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Disciplinary Hearings
• Examination Irregularities
• Review Of Administrative Action
• Administrative-law

Toyi and Others v Nelson Mandela University (476/2021)

Toyi and Others v Nelson Mandela University (476/2021) [2021] ZAECPEHC 17 (30 March 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

476/2021

Judge

T Zietsman

The Applicants failed to establish that the University refused them access to their marked examination scripts, as they did not apply for such access in accordance with University policy. There was no decision by the University compelling the Applicants to submit to a re-examination; rather, the opportunity was offered as a compassionate gesture pending the outcome of an investigation into examination irregularities. The application for review was premature, as no final decision regarding the Applicants' marks had been made. The Applicants also failed to satisfy the requirements for a final i…

Source excerpt

• Review Of University Decisions
• Final Interdict
• Examination Irregularities
• Procedural Fairness
• Costs In Constitutional Litigation

Health and Other Service Personnel Trade Union of South Africa v South African Nursing Council and Another; Democratic Nursing Organisation of South Africa and Another v South African Nursing Council and Others; Chris Hani Baragwanath Nursing Students and Others v South African Nursing Council and Another (43415-2017; 43435-2017; 43526-2017)

Health and Other Service Personnel Trade Union of South Africa v South African Nursing Council and Another; Democratic Nursing Organisation of South Africa and Another v South African Nursing Council and Others; Chris Hani Baragwanath Nursing Students and Others v South African Nursing Council and Another (43415-2017; 43435-2017; 43526-2017) [2017] ZAGPPHC 298 (30 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

43415-2017; 43435-2017; 43526-2017

Judge

Fabricius

The court held that the South African Nursing Council's decision to cancel and reschedule the nursing examinations was reasonable and justified in light of widespread irregularities and the need to protect the integrity of the examination process. While the audi alteram partem principle and procedural fairness under PAJA are important, the scale of the irregularities and the urgency of the situation made it physically impossible to afford hearings to all affected students or their representatives. The Council acted within its statutory powers and in accordance with its duty to maintain standa…

Source excerpt

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Audi Alteram Partem
• Examination Irregularities
• Urgent Interdict
• Costs In Urgent Applications